Definition of an LEP Student

[Reference: Alaska Regulation 4 AAC 34.090(2) and NCLB §9101 (25)]

The term “limited English proficient,” when used with respect to an individual, means an individual:

• (A) who is aged 3 through 21;
• (B) who is enrolled or preparing to enroll in an elementary school or secondary school;
• (C)
  • (i) who was not born in the United states or whose native language is a language other than English;
  • (ii)
    • (I) who is a Native American or Alaska Native, or a native resident of the outlying areas (Virgin Islands, Guam, American Samoa, or Northern Mariana Islands); and
    • (II) who comes from an environment where a language other than English has had a significant impact on the individuals level of English language proficiency; or
  • (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
• (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:
  • (i) the ability to meet the state’s proficient level of achievement on the states assessments described in Section 1111(b)(3);
  • (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
  • (iii) the opportunity to participate fully in society.